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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Friday, December 20, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule 

Local Law 9 of 2015, codified at section 21-204 of the Administrative Code, authorizes and requires the Department for the Aging (DFTA) to regulate social adult day care (SADC) programs. These programs are structured programs which provide functionally impaired adults with supervision, care, nutrition, and opportunities to socialize, along with related services. A functionally impaired individual is a person who requires the assistance of another person in at least one of the following activities of daily living (toileting, mobility, transferring, or eating) or who needs supervision due to a cognitive and/or psycho-social impairment. 

Due to concerns about potential violations of non-compliance in the SADC industry including allegations of widespread client ineligibility, and the sometimes-diminished ability of participants in SADC programs to effectively advocate for themselves, Local Law 9 also required the creation of an ombudsperson office within DFTA. The ombudsperson is responsible for receiving comments and complaints about SADCs and investigating those complaints. As appropriate, the ombudsperson will respond to those investigations by, among other things, alerting the managed long term care (MLTC) plans known to be reimbursing a particular SADC and by notifying other government regulators of the results of its investigation. 

DFTA is now proposing to promulgate rules for the ombudsperson complaint process, which covers the processing of complaints received, reviewed and accepted as a SADC complaint by the ombudsperson. Upon acceptance of the complaint, the ombudsperson will refer the complaint to relevant government entities, as warranted, or conduct an investigation. After an investigation, the ombudsperson can make factual determinations, approve corrective action plans and impose civil penalties.                             

 

Section 21-204(c) of the Administrative Code also requires SADCs to register certain information with the Department and regularly update that information.  The proposed rule details the information required to be submitted with registration and sets a fee of $900 for registering and $240 for updating information with the Department.  The law also provides for rules to set the civil penalties for violations. A schedule of these civil penalties is also proposed in this rule. 

Subject: 

Social Adult Day Care Programs

Location: 
Department for the Aging
2 Lafayette Street 6th floor, Room 624
New York, NY 10007
Contact: 

No contact